Grant

Grant v. Superior Court of Los Angeles

Good Law
106 Cal. 324·1895 Cal. LEXIS 606·39 P. 604
Supreme Court of CaliforniaMarch 9, 1895Nos. 15859, 15860California822 words

Opinion

lead Opinion

Beatty, J.

These are separate applications for writs of prohibition to arrest tne same proceeding in the superior court.

*325 In an action commenced by, or in the name of, the California Bank against the Los Angeles and Pacific Railway Company, a corporation, et al. (in which action it is claimed Lewis A. Grant was afterward substituted as the party plaintiff), the superior court appointed Herman Silver receiver of the property of the corporation.

This o'rder appointing Silver, it is conceded, was in excess of the jurisdiction of the court and void, as was decided here in another case in which it was collaterally assailed (Smith v. Los Angeles etc. Ry. Co. (Cal., Sept. 27, 1893), 34 Pac. Rep. 243 ). The superior court has nevertheless made orders from time to time awarding compensation to Silver for his services as receiver, and recently, upon his petition, the California Bank and Lewis A. Grant, the petitioners in these proceedings, were cited to appear before the superior court and show cause why that court should not make a further order fixing Silver’s compensation as receiver for a period of time not covered by the orders previously made. In response to this citation the petitioners…

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